PRINTER'S NO. 2348
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1619
Session of
2015
INTRODUCED BY TOPPER, BAKER, R. BROWN, COHEN, DIAMOND, GABLER,
A. HARRIS, IRVIN, McGINNIS, MURT, ROSS, SANKEY, SAYLOR,
SCHLOSSBERG, WATSON, YOUNGBLOOD AND WARD, OCTOBER 14, 2015
REFERRED TO COMMITTEE ON HEALTH, OCTOBER 14, 2015
AN ACT
Authorizing the Commonwealth of Pennsylvania to join the
Interstate Medical Licensure Compact; providing for the form
of the compact; and imposing additional powers and duties on
the Governor, the Secretary of the Commonwealth and the
Interstate Medical Licensure Compact.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Interstate
Medical Licensure Compact Act.
Section 2. Authority to execute compact.
The Governor of Pennsylvania, on behalf of this State, is
hereby authorized to execute a compact in substantially the
following form with any one or more of the states of the United
States, and the General Assembly hereby signifies in advance its
approval and ratification of such compact:
Interstate Medical Licensure Compact
ARTICLE I
PURPOSE
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In order to strengthen access to health care, and in recognition
of the advances in the delivery of health care, the member
states of the Interstate Medical Licensure Compact have allied
in common purpose to develop a comprehensive process that
complements the existing licensing and regulatory authority of
state medical boards and provides a streamlined process that
allows physicians to become licensed in multiple states, thereby
enhancing the portability of a medical license and ensuring the
safety of patients. The compact creates another pathway for
licensure and does not otherwise change a state's existing
Medical Practice Act. The compact also adopts the prevailing
standard for licensure and affirms that the practice of medicine
occurs where the patient is located at the time of the
physician-patient encounter, and therefore, requires the
physician to be under the jurisdiction of the state medical
board where the patient is located. State medical boards that
participate in the compact retain the jurisdiction to impose an
adverse action against a license to practice medicine in that
state issued to a physician through the procedures in the
compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a
different construction:
A. "Bylaws" means: the bylaws established by the interstate
commission under Article XI for its governance, or for
directing and controlling its actions and conduct.
B. "Commissioner" means: the voting representative appointed
by each member board under Article XI.
C. "Conviction" means: a finding by a court that an
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individual is guilty of a criminal offense through
adjudication, or entry of a plea of guilt or no contest
to the charge by the offender. Evidence of an entry of a
conviction of a criminal offense by the court shall be
considered final for purposes of disciplinary action by a
member board.
D. "Expedited License" means: a full and unrestricted
medical license granted by a member state to an eligible
physician through the process set forth in the compact.
E. "Interstate commission" means: the interstate commission
established under Article XI.
F. "License" means: authorization by a state for a physician
to engage in the practice of medicine that would be
unlawful without the authorization.
G. "Medical Practice Act" means: laws and regulations
governing the practice of allopathic and osteopathic
medicine within a member state.
H. "Member Board" means: a state agency in a member state
that acts in the sovereign interests of the state by
protecting the public through licensure, regulation and
education of physicians as directed by the state
government.
I. "Member State" means: a state that has enacted the
compact.
J. "Practice of Medicine" means: the clinical prevention,
diagnosis or treatment of human disease, injury or
condition requiring a physician to obtain and maintain a
license in compliance with the Medical Practice Act of a
member state.
K. "Physician" means: a person who:
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1. is a graduate of a medical school accredited by
the Liaison Committee on Medical Education, the
Commission on Osteopathic College Accreditation or
a medical school listed in the International
Medical Education Directory or its equivalent;
2. passed each component of the United States
Medical Licensing Examination or the Comprehensive
Osteopathic Medical Licensing Examination within
three attempts or any of its predecessor
examinations accepted by a state medical board as
an equivalent examination for licensure purposes;
3. successfully completed graduate medical education
approved by the Accreditation Council for Graduate
Medical Education or the American Osteopathic
Association;
4. holds specialty certification or a time-unlimited
specialty certificate recognized by the American
Board of Medical Specialties or the American
Osteopathic Association's Bureau of Osteopathic
Specialists;
5. possesses a full and unrestricted license to
engage in the practice of medicine issued by a
member board;
6. has never been convicted, received adjudication,
deferred adjudication, community supervision or
deferred disposition for any offense by a court of
appropriate jurisdiction;
7. has never held a license authorizing the practice
of medicine subjected to discipline by a licensing
agency in a state, federal or foreign
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jurisdiction, excluding an action related to non-
payment of fees related to a license;
8. has never had a controlled substance license or
permit suspended or revoked by a state or the
United States Drug Enforcement Administration; and
9. is not under active investigation by a licensing
agency or law enforcement authority in a state,
federal or foreign jurisdiction.
L. "Offense" means: a felony, gross misdemeanor or crime of
moral turpitude.
M. "Rule" means: a written statement by the interstate
commission promulgated under Article XII of the compact
that is of general applicability, implements, interprets
or prescribes a policy or provision of the compact, or an
organizational, procedural or practice requirement of the
interstate commission, and has the force and effect of
statutory law in a member state, and includes the
amendment, repeal or suspension of an existing rule.
N. "State" means: a state, commonwealth, district or
territory of the United States.
O. "State of principal license" means: a member state where
a physician holds a license to practice medicine and that
has been designated as the state of principal license by
the physician for purposes of registration and
participation in the compact.
ARTICLE III
ELIGIBILITY
A. A physician must meet the eligibility requirements as
defined in Article II, Section K to receive an expedited
license under the terms and provisions of the compact.
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B. A physician who does not meet the requirements of Article
II, Section K may obtain a license to practice medicine
in a member state if the individual complies with all
laws and requirements, other than the compact, relating
to the issuance of a license to practice medicine in that
state.
ARTICLE IV
DESIGNATION OF STATE OF PRINCIPAL LICENSE
A. A physician shall designate a member state as the state
of principal license for purposes of registration for
expedited licensure through the Compact if the physician
possesses a full and unrestricted license to practice
medicine in that state, and the state is:
1. the state of primary residence for the physician;
2. the state where at least 25% of the practice of
medicine occurs;
3. the location of the physician's employer; or
4. if no state qualifies under subsection 1, 2 or 3,
the state designated as state of residence for
purpose of federal income tax.
B. A physician may redesignate a member state as state of
principal license at any time, as long as the state meets
the requirements in Section A.
C. The interstate commission is authorized to develop rules
to facilitate redesignation of another member state as
the state of principal license.
ARTICLE V
APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE
A. A physician seeking licensure through the compact shall
file an application for an expedited license with the
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member board of the state selected by the physician as
the state of principal license.
B. Upon receipt of an application for an expedited license,
the member board within the state selected as the state
of principal license shall evaluate whether the physician
is eligible for expedited licensure and issue a letter of
qualification, verifying or denying the physician's
eligibility to the interstate commission. The following
shall apply:
1. Static qualifications, which include verification
of medical education, graduate medical education,
results of any medical or licensing examination,
and other qualifications as determined by the
interstate commission through rule, shall not be
subject to additional primary source verification
where already primary source verified by the state
of principal license.
2. The member board within the state selected as the
state of principal license shall, in the course of
verifying eligibility, perform a criminal
background check of an applicant, including the
use of the results of fingerprint or other
biometric data checks compliant with the
requirements of the Federal Bureau of
Investigation, with the exception of federal
employees who have suitability determination in
accordance with 5 C.F.R. § 731.202 (relating to
criteria for making suitability determinations).
3. Appeal on the determination of eligibility shall
be made to the member state where the application
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was filed and shall be subject to the law of that
state.
C. Upon verification in Section B, physicians eligible for
an expedited license shall complete the registration
process established by the interstate commission to
receive a license in a member state selected under
Section A, including the payment of any applicable fees.
D. After receiving verification of eligibility under Section
B and any fees under Section C, a member board shall
issue an expedited license to the physician. This license
shall authorize the physician to practice medicine in the
issuing state consistent with the Medical Practice Act
and all applicable laws and regulations of the issuing
member board and member state.
E. An expedited license shall be valid for a period
consistent with the licensure period in the member state
and in the same manner as required for other physicians
holding a full and unrestricted license within the member
state.
F. An expedited license obtained though the compact shall be
terminated if a physician fails to maintain a license in
the state of principal licensure for a non-disciplinary
reason, without redesignation of a new state of principal
licensure.
G. The interstate commission is authorized to develop rules
regarding the application process, including payment of
any applicable fees and the issuance of an expedited
license.
ARTICLE VI
FEES FOR EXPEDITED LICENSURE
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A. A member state issuing an expedited license authorizing
the practice of medicine in that state may impose a fee
for a license issued or renewed through the compact.
B. The interstate commission is authorized to develop rules
regarding fees for expedited licenses.
ARTICLE VII
RENEWAL AND CONTINUED PARTICIPATION
A. A physician seeking to renew an expedited license granted
in a member state shall complete a renewal process with
the interstate commission if the physician:
1. Maintains a full and unrestricted license in a
state of principal license.
2. Has not been convicted, received adjudication,
deferred adjudication, community supervision or
deferred disposition for any offense by a court of
appropriate jurisdiction.
3. Has not had a license authorizing the practice of
medicine subject to discipline by a licensing
agency in any state, federal, or foreign
jurisdiction, excluding any action related to non-
payment of fees related to a license.
4. Has not had a controlled substance license or
permit suspended or revoked by a state or the
United States Drug Enforcement Administration.
B. Physicians shall comply with all continuing professional
development or continuing medical education requirements
for renewal of a license issued by a member state.
C. The interstate commission shall collect any renewal fees
charged for the renewal of a license and distribute the
fees to the applicable member board.
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D. Upon receipt of any renewal fees collected in Section C,
a member board shall renew the physician's license.
E. Physician information collected by the interstate
commission during the renewal process will be distributed
to all member boards.
F. The interstate commission is authorized to develop rules
to address renewal of licenses obtained through the
compact.
ARTICLE VIII
COORDINATED INFORMATION SYSTEM
A. The interstate commission shall establish a database of
all physicians licensed or who have applied for licensure
under Article V.
B. Notwithstanding any other provision of law, member boards
shall report to the interstate commission any public
action or complaints against a licensed physician who has
applied or received an expedited license through the
compact.
C. Member boards shall report disciplinary or investigatory
information determined as necessary and proper by rule of
the interstate commission.
D. Member boards may report any non-public complaint,
disciplinary or investigatory information not required by
Section C to the interstate commission.
E. Member boards shall share complaint or disciplinary
information about a physician upon request of another
member board.
F. All information provided to the interstate commission or
distributed by member boards shall be confidential, filed
under seal and used only for investigatory or
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disciplinary matters.
G. The interstate commission is authorized to develop rules
for mandated or discretionary sharing of information by
member boards.
ARTICLE IX
JOINT INVESTIGATIONS
A. Licensure and disciplinary records of physicians are
deemed investigative.
B. In addition to the authority granted to a member board by
its respective Medical Practice Act or other applicable
state law, a member board may participate with other
member boards in joint investigations of physicians
licensed by the member boards.
C. A subpoena issued by a member state shall be enforceable
in other member states.
D. Member boards may share any investigative, litigation or
compliance materials in furtherance of any joint or
individual investigation initiated under the compact.
E. Any member state may investigate actual or alleged
violations of the statutes authorizing the practice of
medicine in any other member state in which a physician
holds a license to practice medicine.
ARTICLE X
DISCIPLINARY ACTIONS
A. Any disciplinary action taken by any member board against
a physician licensed through the compact shall be deemed
unprofessional conduct which may be subject to discipline
by other member boards, in addition to any violation of
the Medical Practice Act or regulations in that state.
B. If a license granted to a physician by the member board
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in the state of principal license is revoked, surrendered
or relinquished in lieu of discipline, or suspended, then
all licenses issued to the physician by member boards
shall automatically be placed, without further action
necessary by any member board, on the same status. If the
member board in the state of principal license
subsequently reinstates the physician's license, a
license issued to the physician by any other member board
shall remain encumbered until that respective member
board takes action to reinstate the license in a manner
consistent with the Medical Practice Act of that state.
C. If disciplinary action is taken against a physician by a
member board not in the state of principal license, any
other member board may deem the action conclusive as to
matter of law and fact decided, and:
1. impose the same or lesser sanction(s) against the
physician so long as such sanctions are consistent
with the Medical Practice Act of that state; or
2. pursue separate disciplinary action against the
physician under its respective Medical Practice
Act, regardless of the action taken in other
member states.
D. If a license granted to a physician by a member board is
revoked, surrendered or relinquished in lieu of
discipline, or suspended, then any license(s) issued to
the physician by any other member board(s) shall be
suspended, automatically and immediately without further
action necessary by the other member board(s), for ninety
(90) days upon entry of the order by the disciplining
board, to permit the member board(s) to investigate the
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basis for the action under the Medical Practice Act of
that state. A member board may terminate the automatic
suspension of the license it issued prior to the
completion of the ninety (90) day suspension period in a
manner consistent with the Medical Practice Act of that
state.
ARTICLE XI
INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION
A. The member states hereby create the "Interstate Medical
Licensure Compact Commission".
B. The purpose of the interstate commission is the
administration of the Interstate Medical Licensure
Compact, which is a discretionary state function.
C. The interstate commission shall be a body corporate and
joint agency of the member states and shall have all the
responsibilities, powers, and duties set forth in the
compact, and such additional powers as may be conferred
upon it by a subsequent concurrent action of the
respective legislatures of the member states in
accordance with the terms of the Compact.
D. The Interstate Commission shall consist of two voting
representatives appointed by each member state who shall
serve as commissioners. In states where allopathic and
osteopathic physicians are regulated by separate member
boards, or if the licensing and disciplinary authority is
split between multiple member boards within a member
state, the member state shall appoint one representative
from each member board. A commissioner shall be:
1. an allopathic or osteopathic physician appointed
to a member board;
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2. an executive director, executive secretary, or
similar executive of a member board; or
3. a member of the public appointed to a member
board.
E. The interstate commission shall meet at least once each
calendar year. A portion of this meeting shall be a
business meeting to address such matters as may properly
come before the commission, including the election of
officers. The chairperson may call additional meetings
and shall call for a meeting upon the request of a
majority of the member states.
F. The bylaws may provide for meetings of the Interstate
Commission to be conducted by telecommunication or
electronic communication.
G. Each commissioner participating at a meeting of the
interstate commission is entitled to one vote. A majority
of commissioners shall constitute a quorum for the
transaction of business, unless a larger quorum is
required by the bylaws of the interstate commission. A
commissioner shall not delegate a vote to another
commissioner. In the absence of its commissioner, a
member state may delegate voting authority for a
specified meeting to another person from that state who
shall meet the requirements of Section D.
H. The interstate commission shall provide public notice of
all meetings and all meetings shall be open to the
public. The interstate commission may close a meeting, in
full or in portion, where it determines by a two-thirds
vote of the commissioners present that an open meeting
would be likely to:
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1. relate solely to the internal personnel practices
and procedures of the interstate commission;
2. discuss matters specifically exempted from
disclosure by federal statute;
3. discuss trade secrets, commercial, or financial
information that is privileged or confidential;
4. involve accusing a person of a crime, or formally
censuring a person;
5. discuss information of a personal nature where
disclosure would constitute a clearly unwarranted
invasion of personal privacy;
6. discuss investigative records compiled for law
enforcement purposes; or
7. specifically relate to the participation in a
civil action or other legal proceeding.
I. The interstate commission shall keep minutes which shall
fully describe all matters discussed in a meeting and
shall provide a full and accurate summary of actions
taken, including record of any roll call votes.
J. The interstate commission shall make its information and
official records, to the extent not otherwise designated
in the Compact or by its rules, available to the public
for inspection.
K. The interstate commission shall establish an executive
committee, which shall include officers, members and
others as determined by the bylaws. The executive
committee shall have the power to act on behalf of the
interstate commission, with the exception of rulemaking,
during periods when the interstate commission is not in
session. When acting on behalf of the interstate
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commission, the executive committee shall oversee the
administration of the compact including enforcement and
compliance with the provisions of the compact, its bylaws
and rules, and other such duties as necessary.
L. The interstate commission may establish other committees
for governance and administration of the compact.
ARTICLE XII
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission shall have the duty and power to:
A. Oversee and maintain the administration of the compact.
B. Promulgate rules which shall be binding to the extent and
in the manner provided for in the compact.
C. Issue, upon the request of a member state or member
board, advisory opinions concerning the meaning or
interpretation of the compact, its bylaws, rules, and
actions.
D. Enforce compliance with compact provisions, the rules
promulgated by the interstate commission, and the bylaws,
using all necessary and proper means, including but not
limited to the use of judicial process.
E. Establish and appoint committees, including but not
limited to an executive committee as required by Article
XI, which shall have the power to act on behalf of the
interstate commission in carrying out its powers and
duties.
F. Pay, or provide for the payment of the expenses related
to the establishment, organization, and ongoing
activities of the Interstate Commission.
G. Establish and maintain one or more offices.
H. Borrow, accept, hire, or contract for services of
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personnel.
I. Purchase and maintain insurance and bonds.
J. Employ an executive director who shall have such powers
to employ, select or appoint employees, agents, or
consultants, and to determine their qualifications,
define their duties, and fix their compensation.
K. Establish personnel policies and programs relating to
conflicts of interest, rates of compensation, and
qualifications of personnel.
L. Accept donations and grants of money, equipment,
supplies, materials and services, and to receive,
utilize, and dispose of it in a manner consistent with
the conflict of interest policies established by the
interstate commission.
M. Lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve or use, any property,
real, personal, or mixed.
N. Sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property, real, personal, or
mixed.
O. Establish a budget and make expenditures.
P. Adopt a seal and bylaws governing the management and
operation of the interstate commission.
Q. Report annually to the legislatures and governors of the
member states concerning the activities of the interstate
commission during the preceding year. Such reports shall
also include reports of financial audits and any
recommendations that may have been adopted by the
interstate commission.
R. Coordinate education, training, and public awareness
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regarding the compact, its implementation, and its
operation.
S. Maintain records in accordance with the bylaws.
T. Seek and obtain trademarks, copyrights, and patents.
U. Perform such functions as may be necessary or appropriate
to achieve the purposes of the compact.
ARTICLE XIII
FINANCE POWERS
A. The interstate commission may levy on and collect an
annual assessment from each member state to cover the
cost of the operations and activities of the interstate
commission and its staff. The total assessment must be
sufficient to cover the annual budget approved each year
for which revenue is not provided by other sources. The
aggregate annual assessment amount shall be allocated
upon a formula to be determined by the interstate
commission, which shall promulgate a rule binding upon
all member states.
B. The interstate commission shall not incur obligations of
any kind prior to securing the funds adequate to meet the
same.
C. The interstate commission shall not pledge the credit of
any of the member states, except by, and with the
authority of, the member state.
D. The interstate commission shall be subject to a yearly
financial audit conducted by a certified or licensed
public accountant and the report of the audit shall be
included in the annual report of the interstate
commission.
ARTICLE XIV
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ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
A. The interstate commission shall, by a majority of
commissioners present and voting, adopt bylaws to govern
its conduct as may be necessary or appropriate to carry
out the purposes of the compact within twelve (12) months
of the first interstate commission meeting.
B. The interstate commission shall elect or appoint annually
from among its commissioners a chairperson, a vice-
chairperson, and a treasurer, each of whom shall have
such authority and duties as may be specified in the
bylaws. The chairperson, or in the chairperson's absence
or disability, the vice-chairperson, shall preside at all
meetings of the interstate commission.
C. Officers selected in Section B shall serve without
remuneration from the interstate commission.
D. The officers and employees of the interstate commission
shall be immune from suit and liability, either
personally or in their official capacity, for a claim for
damage to or loss of property or personal injury or other
civil liability caused or arising out of, or relating to,
an actual or alleged act, error, or omission that
occurred, or that such person had a reasonable basis for
believing occurred, within the scope of interstate
commission employment, duties, or responsibilities,
provided that such person shall not be protected from
suit or liability for damage, loss, injury, or liability
caused by the intentional or willful and wanton
misconduct of such person. The following shall apply:
1. The liability of the executive director and
employees of the interstate commission or
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representatives of the interstate commission,
acting within the scope of such person's
employment or duties for acts, errors, or
omissions occurring within such person's state,
may not exceed the limits of liability set forth
under the constitution and laws of that state for
state officials, employees, and agents. The
interstate commission is considered to be an
instrumentality of the states for the purposes of
any such action. Nothing in this subsection shall
be construed to protect such person from suit or
liability for damage, loss, injury, or liability
caused by the intentional or willful and wanton
misconduct of such person.
2. The interstate commission shall defend the
executive director, its employees, and subject to
the approval of the attorney general or other
appropriate legal counsel of the member state
represented by an interstate commission
representative, shall defend such interstate
commission representative in any civil action
seeking to impose liability arising out of an
actual or alleged act, error or omission that
occurred within the scope of interstate commission
employment, duties or responsibilities, or that
the defendant had a reasonable basis for believing
occurred within the scope of interstate commission
employment, duties, or responsibilities, provided
that the actual or alleged act, error, or omission
did not result from intentional or willful and
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wanton misconduct on the part of such person.
3. To the extent not covered by the state involved,
member state, or the interstate commission, the
representatives or employees of the interstate
commission shall be held harmless in the amount of
a settlement or judgment, including attorney's
fees and costs, obtained against such persons
arising out of an actual or alleged act, error, or
omission that occurred within the scope of
interstate commission employment, duties, or
responsibilities, or that such persons had a
reasonable basis for believing occurred within the
scope of interstate commission employment, duties,
or responsibilities, provided that the actual or
alleged act, error, or omission did not result
from intentional or willful and wanton misconduct
on the part of such persons.
ARTICLE XV
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. The interstate commission shall promulgate reasonable
rules in order to effectively and efficiently achieve the
purposes of the compact. Notwithstanding the foregoing,
in the event the interstate commission exercises its
rulemaking authority in a manner that is beyond the scope
of the purposes of the compact, or the powers granted
hereunder, then such an action by the interstate
commission shall be invalid and have no force or effect.
B. Rules deemed appropriate for the operations of the
Interstate Commission shall be made pursuant to a
rulemaking process that substantially conforms to the
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Model State Administrative Procedure Act of 2010, and
subsequent amendments thereto.
C. Not later than thirty (30) days after a rule is
promulgated, any person may file a petition for judicial
review of the rule in the United States District Court
for the District of Columbia or the federal district
where the interstate commission has its principal
offices, provided that the filing of such a petition
shall not stay or otherwise prevent the rule from
becoming effective unless the court finds that the
petitioner has a substantial likelihood of success. The
court shall give deference to the actions of the
interstate commission consistent with applicable law and
shall not find the rule to be unlawful if the rule
represents a reasonable exercise of the authority granted
to the interstate commission.
ARTICLE XVI
OVERSIGHT OF INTERSTATE COMPACT
A. The executive, legislative, and judicial branches of
state government in each member state shall enforce the
compact and shall take all actions necessary and
appropriate to effectuate the compact's purposes and
intent. The provisions of the compact and the rules
promulgated hereunder shall have standing as statutory
law but shall not override existing state authority to
regulate the practice of medicine.
B. All courts shall take judicial notice of the compact and
the rules in any judicial or administrative proceeding in
a member state pertaining to the subject matter of the
compact which may affect the powers, responsibilities or
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actions of the interstate commission.
C. The interstate commission shall be entitled to receive
all service of process in any such proceeding, and shall
have standing to intervene in the proceeding for all
purposes. Failure to provide service of process to the
interstate commission shall render a judgment or order
void as to the interstate commission, the compact, or
promulgated rules.
ARTICLE XVII
ENFORCEMENT OF INTERSTATE COMPACT
A. The interstate commission, in the reasonable exercise of
its discretion, shall enforce the provisions and rules of
the Compact.
B. The interstate commission may, by majority vote of the
commissioners, initiate legal action in the United States
District Court for the District of Columbia, or, at the
discretion of the interstate commission, in the federal
district where the interstate commission has its
principal offices, to enforce compliance with the
provisions of the compact, and its promulgated rules and
bylaws, against a member state in default. The relief
sought may include both injunctive relief and damages. In
the event judicial enforcement is necessary, the
prevailing party shall be awarded all costs of such
litigation including reasonable attorney's fees.
C. The remedies herein shall not be the exclusive remedies
of the interstate commission. The interstate commission
may avail itself of any other remedies available under
state law or the regulation of a profession.
ARTICLE XVIII
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DEFAULT PROCEDURES
A. The grounds for default include, but are not limited to,
failure of a member state to perform such obligations or
responsibilities imposed upon it by the compact, or the
rules and bylaws of the interstate commission promulgated
under the compact.
B. If the interstate commission determines that a member
state has defaulted in the performance of its obligations
or responsibilities under the compact, or the bylaws or
promulgated rules, the interstate commission shall:
1. Provide written notice to the defaulting state
and other member states, of the nature of the
default, the means of curing the default, and any
action taken by the interstate commission. The
interstate commission shall specify the conditions
by which the defaulting state must cure its
default.
2. Provide remedial training and specific technical
assistance regarding the default.
C. If the defaulting state fails to cure the default, the
defaulting state shall be terminated from the compact
upon an affirmative vote of a majority of the
commissioners and all rights, privileges, and benefits
conferred by the compact shall terminate on the effective
date of termination. A cure of the default does not
relieve the offending state of obligations or liabilities
incurred during the period of the default.
D. Termination of membership in the compact shall be imposed
only after all other means of securing compliance have
been exhausted. Notice of intent to terminate shall be
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given by the interstate commission to the governor, the
majority and minority leaders of the defaulting state's
legislature, and each of the member states.
E. The interstate commission shall establish rules and
procedures to address licenses and physicians that are
materially impacted by the termination of a member state,
or the withdrawal of a member state.
F. The member state which has been terminated is responsible
for all dues, obligations, and liabilities incurred
through the effective date of termination including
obligations, the performance of which extends beyond the
effective date of termination.
G. The interstate commission shall not bear any costs
relating to any state that has been found to be in
default or which has been terminated from the compact,
unless otherwise mutually agreed upon in writing between
the interstate commission and the defaulting state.
H. The defaulting state may appeal the action of the
interstate commission by petitioning the United States
District Court for the District of Columbia or the
federal district where the interstate commission has its
principal offices. The prevailing party shall be awarded
all costs of such litigation including reasonable
attorney's fees.
ARTICLE XIX
DISPUTE RESOLUTION
A. The interstate commission shall attempt, upon the request
of a member state, to resolve disputes which are subject
to the compact and which may arise among member states or
member boards.
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B. The interstate commission shall promulgate rules
providing for both mediation and binding dispute
resolution as appropriate.
ARTICLE XX
MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state is eligible to become a member state of the
compact.
B. The compact shall become effective and binding upon
legislative enactment of the compact into law by no less
than seven (7) states. Thereafter, it shall become
effective and binding on a state upon enactment of the
compact into law by that state.
C. The governors of non-member states, or their designees,
shall be invited to participate in the activities of the
interstate commission on a non-voting basis prior to
adoption of the compact by all states.
D. The interstate commission may propose amendments to the
compact for enactment by the member states. No amendment
shall become effective and binding upon the interstate
commission and the member states unless and until it is
enacted into law by unanimous consent of the member
states.
ARTICLE XXI
WITHDRAWAL
A. Once effective, the compact shall continue in force and
remain binding upon each and every member state, provided
that a member state may withdraw from the compact by
specifically repealing the statute which enacted the
compact into law.
B. Withdrawal from the compact shall be by the enactment of
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a statute repealing the same, but shall not take effect
until one (1) year after the effective date of such
statute and until written notice of the withdrawal has
been given by the withdrawing state to the governor of
each other member state.
C. The withdrawing state shall immediately notify the
chairperson of the interstate commission in writing upon
the introduction of legislation repealing the compact in
the withdrawing state.
D. The interstate commission shall notify the other member
states of the withdrawing state's intent to withdraw
within sixty (60) days of its receipt of notice provided
under Section C.
E. The withdrawing state is responsible for all dues,
obligations and liabilities incurred through the
effective date of withdrawal, including obligations, the
performance of which extend beyond the effective date of
withdrawal.
F. Reinstatement following withdrawal of a member state
shall occur upon the withdrawing state reenacting the
compact or upon such later date as determined by the
interstate commission.
G. The interstate commission is authorized to develop rules
to address the impact of the withdrawal of a member state
on licenses granted in other member states to physicians
who designated the withdrawing member state as the state
of principal license.
ARTICLE XXII
DISSOLUTION
A. The compact shall dissolve effective upon the date of the
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withdrawal or default of the member state which reduces
the membership in the compact to one (1) member state.
B. Upon the dissolution of the compact, the compact becomes
null and void and shall be of no further force or effect,
and the business and affairs of the interstate commission
shall be concluded and surplus funds shall be distributed
in accordance with the bylaws.
ARTICLE XXIII
SEVERABILITY AND CONSTRUCTION
A. The provisions of the compact shall be severable, and if
any phrase, clause, sentence, or provision is deemed
unenforceable, the remaining provisions of the compact
shall be enforceable.
B. The provisions of the compact shall be liberally
construed to effectuate its purposes.
C. Nothing in the compact shall be construed to prohibit the
applicability of other interstate compacts to which the
states are members.
ARTICLE XXIV
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Nothing herein prevents the enforcement of any other law
of a member state that is not inconsistent with the
compact.
B. All laws in a member state in conflict with the compact
are superseded to the extent of the conflict.
C. All lawful actions of the interstate commission,
including all rules and bylaws promulgated by the
commission, are binding upon the member states.
D. All agreements between the interstate commission and the
member states are binding in accordance with their terms.
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E. In the event any provision of the compact exceeds the
constitutional limits imposed on the legislature of any
member state, such provision shall be ineffective to the
extent of the conflict with the constitutional provision
in question in that member state.
Section 3. When and how compact becomes operative.
(a) General rule.--When the Governor executes the Interstate
Compact on behalf of this State and files a verified copy
thereof with the Secretary of the Commonwealth and when the
compact is ratified by one or more other states, then the
compact shall become operative and effective between this State
and such other state or states. The Governor is hereby
authorized and directed to take such action as may be necessary
to complete the exchange of official documents between this
State and any other state ratifying the compact.
(b) Notice in Pennsylvania Bulletin.-–The Secretary of the
Commonwealth shall publish a notice in the Pennsylvania Bulletin
when the conditions set forth in subsection (a) are satisfied
and shall include in the notice the date on which the compact
became effective and operative between this State and any other
state or states in accordance with this act.
Section 4. Compensation and expenses of compact commissioner.
A compact commissioner who represents this State, as provided
for in Article XI of the Interstate Medical Licensure Compact,
shall not be entitled to any additional compensation for his
duties and responsibilities as compact commissioner but shall be
entitled to reimbursement for reasonable expenses actually
incurred in connection with his duties and responsibilities as
compact commissioner in the same manner as for expenses incurred
in connection with other duties and responsibilities of his
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office or employment.
Section 5. Effective date.
This act shall take effect in 60 days.
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